Arkansas Demand for Address of Party under Statute or Rule

State:
Multi-State
Control #:
US-03269BG
Format:
Word; 
Rich Text
Instant download

Description

The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Rule 45.1 of the Arkansas Rules of Civil Procedure allows attorneys in ongoing out-of-state lawsuits to issue subpoenas for depositions or documents in Arkansas. The out-of-state subpoena can be sent to the Arkansas clerk with an Arkansas subpoena form with identical wording.

The person subpoenaed may ask the court to quash or modify the subpoena if it is unreasonable or oppressive or to require that the person on whose behalf the subpoena is issued pay the reasonable cost of such production. Rule 45(b), Ark.

Arkansas Rule of Criminal Procedure 37.1(a) provides: (a) A petitioner in custody under sentence of a circuit court claiming a right to be released, or to have a new trial, or to have the original sentence modified on the ground: (i) that the sentence was imposed in violation of the Constitution and laws of the United ...

The amended FRCP 30(b)(6) specifically requires that: ?Before or promptly after the notice or subpoena is served, the serving party and the organization must confer in good faith about the matters for examination.? The amendment also mandates that a subpoena to a nonparty organization advise of the duty to confer with ...

Rule 4 - Summons and Service of Process (a)Issuance of Summons. Immediately on the filing of the complaint, the clerk shall issue a summons to the plaintiff or the plaintiff's attorney, who shall deliver it for service to a person authorized by subdivision (c) of this rule to serve process.

A subpoena shall advise a non-party organization of its duty to make such a designation. The persons so designated shall testify as to matters known or reasonably available to the organization. This subdivision (b)(6) does not preclude taking a deposition by any other procedure authorized by these rules.

To Rule 30(b)(6) of the Federal Rules of Civil Procedure is a powerful tool that requires a corpora- tion to produce one or more witnesses to testify on the corporation's behalf with respect to the noticed topics.

(6) A party may in his notice and in the subpoena name as the deponent a public or private corporation or a partnership or association or governmental agency and describe with reasonable particularity the matters on which examination is requested.

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Arkansas Demand for Address of Party under Statute or Rule